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Amdt1.2.5.1 Viewpoint Based Discrimination: Overview First Amendment : Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Aug 10, 2023 · Viewpoint discrimination is thus an egregious form of content discrimination. The government must abstain from regulating speech when the specific motivating ideology or the opinion or perspective of the speaker is the rationale for the restriction.” Examples of laws and regulations found to embody viewpoint discrimination . Boos v.
Viewpoint discrimination is a concept in United States jurisprudence related to the First Amendment to the United States Constitution. If a speech act is treated differently by a government entity based on the viewpoint it expresses, this is considered viewpoint discrimination.
20. As the Court has explained, viewpoint discrimination is a subset of content discrimination.4 As a matter of free speech law, content discrimination is very troublesome, generally giving rise to strict scrutiny.5 Viewpoint discrimination is significantly worse, often leading to per se invalidation.
- H Lackland
- 2019
A law can discriminate on the basis of viewpoint even if it is viewpoint-neutral on its face. In assessing whether a facially neutral law nevertheless discriminates on the basis of viewpoint, the Supreme Court has asked whether the law, in its “design” or “operation,” favors or disfavors a particular point of view.1 Footnote Turner ...
Aug 10, 2023 · Viewpoint discrimination occurs when a governmental regulation restricts expression based not only on its content, but specifically on the underlying views in the message. Content-based restrictions limit speech based on its subject matter, while viewpoint-based restrictions limit speech based on ideology and perspective.
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Nov 18, 2022 · Viewpoint discrimination is “an egregious form of content discrimination in which the government targets not subject matter, but particular views taken by speakers on a subject.” A regulation that does not discriminate based on opinion or belief about a particular issue or subject matter is likely to be deemed viewpoint-neutral.
